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Portland, ME Public Conduct: Public Marijuana Use (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
City Code § 17-114
Prohibited locations
Public spaces, school grounds, transit infrastructure
Legal possession limit
2.5 oz. for adults 21+
Default penalty
$100-$500 per offense (§1-15)
Adopted
Referendum, 11-5-2013

Summary

Portland prohibits recreational marijuana use, and even the act of checking how much you're carrying, in public spaces, on school grounds, and on transportation infrastructure. Adults 21 and older may otherwise possess up to 2.5 ounces, but consumption stays behind closed doors.

(1) Recreational use of marijuana in public spaces, school grounds, and on transportation infrastructure is prohibited. (2) Engagement in activities for the purpose of ascertaining the possession of marijuana in public spaces, school grounds, and on transportation infrastructure is prohibited. (3) Adults under 21 and minors may not engage in the recreational use, possess, or engage in activities for the purpose of ascertaining the possession of marijuana and paraphernalia. (4) Landlords and property owners may restrict the smoking of marijuana on their property by posting "No smoking signs," that apply to marijuana and tobacco, near the entrances.

View official code

Official source re-checked September 7, 2026: the cited page had not changed since it was quoted.

Full Breakdown

City Code § 17-114, adopted by referendum in November 2013 and part of Article VIII governing recreational marijuana, spells out where use is off-limits even though Article VIII legalized adult recreational marijuana within Portland. 5 ounces of marijuana and paraphernalia, and even engage in activities to ascertain how much they're carrying. But Section 17-114 draws a hard line at three prohibited locations: public spaces, school grounds, and transportation infrastructure, both actually smoking or vaping there and simply measuring out a quantity of marijuana there are barred.

Adults under 21 and minors cannot use, possess, or handle marijuana or paraphernalia at all under this article. Landlords and property owners get an explicit tool: Section 17-114(4) lets them restrict marijuana smoking on their property by posting 'No smoking' signs that cover both marijuana and tobacco near entrances. Medical marijuana carries a separate carve-out at Section 17-115 for patients under 21. The city code does not set out a stand-alone fine schedule for Article VIII violations, so enforcement falls back on the Code's general penalty provision, Section 1-15, which applies whenever an act is declared unlawful without its own specified penalty.

Violations & Fines

No dedicated fine schedule appears in Article VIII, so a public-use citation defaults to City Code § 1-15's general penalty: not less than $100 nor more than $500 per offense, with each day or act of violation counted as a separate offense. Portland Police enforce the public-space, school-grounds, and transportation-infrastructure restrictions.

Frequently Asked Questions

Can I smoke marijuana on a Portland sidewalk?
No. Section 17-114(1) bars recreational marijuana use in public spaces, which includes sidewalks and streets, along with school grounds and any transportation infrastructure such as bus stops or transit platforms.
Is it illegal to just carry marijuana in public in Portland?
No: adults 21 and older may possess up to 2.5 ounces under Section 17-113. What's barred in public spaces, school grounds, and transportation infrastructure is using it or measuring/checking your quantity there, per Section 17-114.
Can my landlord stop me from smoking marijuana at home?
Yes. Section 17-114(4) lets landlords and property owners post 'No Smoking' signs near entrances that apply to both marijuana and tobacco, restricting use on their property.
What's the fine for using marijuana in public in Portland?
Article VIII sets no specific fine, so the Code's general penalty at Section 1-15 applies: a minimum of $100 and up to $500 per offense, with each day of continuing violation treated separately.

Sources & Official References

Other rules in Portland

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